BABUBEN KASHIBHAI PATEL Vs. BIJENDRAKUMAR GOKALNATH JOGI

JUDGEMENT

(1.) This First Appeal Is Filed By The Appellants Under Section 173 Of the Motor Vehicle Act praying for modifying the judgment and order dated 12.10.2006 passed by the learned Judge, Motor Accident Claims Tribunal (Aux.), Fast Track Court No.4, Morbi in Motor Accident Claim Petition No.182 of 1993, whereby the learned Tribunal has awarded compensation of Rs. 7,00,000/- with interest rate of 7.5% from the date of the petition till its realization from the opponent Nos.1 to 3. The opponent No.4Gujarat State Transport Corporation was exonerated from paying the amount of compensation.

(2.) It Is The Case Of The Appellants That On 18.04.1993, The Deceased Kashrirambhai Shivrambhai Patel along with his daughter Sunita and son Vipul was coming from Mandvi to Morbi in S.T.Bus No.GJ1Z1988 having route of MandviJamnagar. When the said bus reached at MorbiKutch Highway just 23 Kms. from Morbi at 2:15 p.m., the opponent No.1 driver of Truck No.RJ14G1675 came from opposite direction by driving the said truck rashly and negligently and with full speed by which the driver of the said truck lost control over steering and collied with the bus coming from wrong side. As a result of which, the deceasedKashirambhai Shivrambhai Patel died on the spot.

(3.) Heard Mr. Vishal Mehta, Learned Advocate For Mr.Mehul Shah, learned advocate for the appellants, and Mr. Palak Thakkar, learned advocate for respondent No.3Insurance Company.